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so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and
defrayed by the party who makes the requisition and receives the fugitive.
The stipulations of this convention shall be applied to any other State
of the German Confederation which may hereafter declare its accession thereto.
Citizens not to be delivered up.
None of the contracting parties shall be bound to deliver up its own
citizens or subjects under the stipulations of this convention.
Extrudition of per
Whenever any person accused of any of the crimes enumerated in
this convention shall have committed a new crime in the sofix connetting territories of the State where he has sought an asylum or which they have led shall be found, such person shall not be delivered up under the stipulations of this convention until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof.
ARTICLE V. The present convention shall continue in force until the first of JanDaration of this uary, one thousand eight hundred and fifty-eight; and if
neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such'intention; each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said first day of January, one thousand eight hundred and fifty-eight.
The present convention shall be ratified by the President, by and with
the advice and consent of the Senate of the United States,
and by the Government of Bavaria, and the ratifications shall be exchanged in London within fifteen months from the date hereof, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed this convention and have hereunto affixed their seals.
Doue in duplicate, in London, the twelfth day of September, one thousand eight hundred and fifty-three, and the seventy-eighth year of the independence of the United States. (L. S.]
JAMES BUCHANAN. (L. S.
AUG. DE CETTO.
TREATY BETWEEN THE UNITED STATES AND THE KING OF BAVARIACONCERNING THE CITIZENSHIP OF EMIGRANTS-CONCLUDED) AT MUVICH MAY 26, 1868; RATIFICATIONS EXCHANGED SEPTEMBER 18, 1868; PROCLAIMED OCTOBER 8, 1863.
His Majesty the King of Bavaria and the President of the United States of America, led by the wish to regulate the citizenship of those persons who emigrate from Bavaria to the United States of America, and from the United States of America to the territory of the Kingdom of Bavaria, bave resolved to treat on this subject, and have, for that purpose, appointed Plenipotentiaries to conclude a convention, that is to say;
His Majesty the King of Bavaria, Dr. Otto, Baron of Völderndorff, Councillor of Ministry; and the President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary;
Who have agreed to and signed the following articles:
Citizens of Bava
of the United
Citizens of Bavaria who have become, or shall become, naturalized citizens of the United States of America, and shall have resided uninterruptedly within the United States for five ris, when to or held years, shall be held by Bavaria to be American citizens, and States.und tice retsa. shall be treated as such.
Reciprocally, citizens of the United States of America who have become, or shall become, naturalized citizens of Bavaria, and shall have resided uninterruptedly within Bavaria five years, shall be held by the United States to be Bavarian citizens, and shall be treated as such.
The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization.
Offenses committed before emigration.
A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration, saving always the limitation established by the laws of his original country, or any other remission of liability to punishment.
ARTICLE III. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on theone part, and Bavaria on the other part, the twelfth day of September, eighteen hundred and titty-three, remains in force withont change.
ARTICLE IV. If a Bavarian, naturalized in America, renews his residence in Bavaria, without the intent to return to America, he shall be held 'to hare renounced his naturalization in the United naturalizacion States. Reciprocally, if an American, naturalized in Bavaria, renews
Convention ct 1853.
Vol. XVI, Statutes at Large, p. 661 et seq.
Duration of con vention
his residence in the United States, without the intent to return to Bararia, he shall be held to have renounced his naturalization in Bavaria. The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country.
ARTICLE V. The present convention shall go into effect immediately on the er.
change of ratifications, and shall continue in force for ten
years. If neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention.
ARTICLE VI. The present couvention shall be ratified by His Majesty the King of
Bavaria and by the President, by and with the advice and
consent of the Senate of the United States, and the ratitications shall be exchanged at Mwich within twelve months from the date thereof.
In faith whereof the Plenipotentiaries have signed and sealed this convention.
MUNICII, the 26th May, 1868.
DR. OTTO FHR. VON VÖLDERNDORFF.
Done at Munich the 26th May, 186S. The undersigned met to-day to sign the treaty agreed upon in con
formity with their respective full powers, relating to the citi.
zenship of those persons who emigrate from Bavaria to the United States of America, and from the United States of America to Bavaria; on which occasion the following observations, more exactly defining and explaining the contents of this treaty, were entered in the following protocol:
RELATING TO THE FIRST ARTICLE OF TIIE TREATY. 1. Inasmuch as the copulative aud" is made use of, it follows, of
course, that not the naturalization alone, but an additional to constituerantw five years' uninterrupted residence is required, before a per
a son can be regarded as coming within the treaty; but it is by no means' requisite that the five years' residence should take place after the naturalization. It is hereby further understood that if a Bararian has been discharged from his Bavarian indigenate, or, on the other side, if an American has been discharged from his American citizenship in the manner legally prescribed by the Government of his original country, and then acquires naturalization in the other country in a rightful and perfectly valid manner, then an additional five years' residence shall no longer be required, but a person so naturalized shall from the moment of his naturalization be held and treated as a Bavarian, and reciprocally as an American citizen.
2. The worils “resided uninterruptedly" are obviously to be under
stood, not of a continued bodily presence, but in the legal sense, and therefore a transient absence, a journey, or the like, by no means interrupts the period of five years contemplate by the first article.
RELATING TO TIIE SECOND ARTICLE OF TIIE TREATY. 1. It is expressly agreed that a person who, under the first article, is to be held as an adopted citizen of the other State, on his return to his original country cannot be made punishable for the act of emigration itself, not even though at a later day he should have lost his adopted citizenship.
RATOTT of form.
RELATING TO ARTICLE FOU'R OF TIIE TREATY. 1. It is agreed on both siles that the regulative powers granted to the two Governments respectively by their laws for protection against resident aliens, whose residence endangers dietot als we. peace and order in the land, are not affected by the treaty. In particular the regulation contained in the second clause of the tenth article of the Bararian military law of the 30th of January, 1868, according to which Bavarians emigrating from Bavaria before the fultillment of their military duty cannot be admitted to a permanent residence in the land till they shall have become thirty-two years old, is not affected by the treaty. But yet it is established and agreed, that by the expression “permanent residence" used in the said article, the above described emigrants are not forbidden to undertake a journey to Bavaria for a less period of time and for definite purposes, and the royal Bavarian Government moreover cheerfully declares itself ready, in all cases in which the emigration has plainly taken place in good faith, to allow a mild rule in practice to be adopted.
2. It is hereby agreed that when a Bavarian naturalized in America, and reciprocally an American naturalized in Bavaria, takes up his abode once more in his original country without the eritize inhus. intention of return to the country of his adoption, he does by no means thereby recover his former citizenship; on he contrary, in so far as it relates to Bavaria, it depends on IIis Majesty the King whether he will or will not in that event grant the Bavarian citizenship anew.
The article fourth shall accordingly have only this meaning, that the adopted country of the emigrant cannot prevent him from acquiring once more his former citizenship; but not that the State to which the . emigrant originally belonged is bound to restore him at once to his original relation.
On the contrary, the citizen naturalized abroad must first apply to be received back into his original country in the manner prescribed by its laws and regulations, and must acquire citizenship anew, exactly like any other alien.
But yet it is left to his own free choice whether he will adopt that course or will preserve the citizenship of the country of his adoption.
The two Plenipotentiaries give each other mutually the assurance that their respective Governments in ratifying this treaty will also regard as approved and will maintain the agreements and explanations contained in the present protocol, without any further formal ratification of the same. [L. s.
GEORGE BANCROFT. L. S.
DR. OTTO FHR. VON VÖLDERNDORFF.
TREATY OF COMMERCE AND NAVIGATION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF THE BELGIANS, CONCLUDED NOVEMBER 10, 1815; RATIFICATIONS EXCHANGED MARCH 30, 1846; PROCLAIMED MARCH 31, 1846.
[The operation of this treaty terminated August 20, 1858, by force of notice given by the Belgian Government in accordance with Article XIX.]
The United States of America on the one part, and His Majesty the King of the Belgians on the other part, wishing to regulate in a formal manner their reciprocal relations of commerce and navigation, and further to strengthen, through the development of their interests respectively, the bonds of friendship and good understanding so happily established between the Governments and people of the two countries; and desiring, with this view, to conclude, by common agreement, a treaty establishing conditions equally advantageous to the commerce and navi. gation of both States, have, to that effect, appointed as their Plenipotentiaries, namely: The President of the United States, Thomas G. Clemson, Chargé d'Af
faires of the United States of America to His Majesty the
King of the Belgians; and His Majesty the King of the Belgians, M. Adolphe Dechamps, Officer of the Order of Leopold, Knight of the Order of the Red Eagle of the first class, Grand Cross of the Order of St. Michael of Bavaria, his Minister for Foreign Affairs, a member of the Chamber of Representants ;
Who, after having communicated to each other their full powers, ascertained to be in good and proper form, have agreed and concluded the following articles:
ARTICLE I. There shall be full and entire freedom of commerce and navigation
between the inhabitants of the two countries; and the same
security and protection which is enjoyed by the citizens or subjects of each country shall be guaranteed on both sides. The said inhabitants, whether established or temporarily residing within any ports, cities, or places whatever, of the two countries, shall not, on account of their commerce or industry, pay any other or higher duties, taxes, or imposts, than those which shall be levied on citizens or subjects of the country in which they may be; and the privileges, immunities, and other favors, with regard to commerce or industry, enjoyed by the citizens or subjects of one of the two States, shall be common to those of the other.
Freedom of con. merce.
Belgian vessels, whether coming from a Belgian or a foreign port,
shall not pay, either on entering or leaving the ports of the in tunnage duties,&e. United States, whatever may be their destination, any
* Vol. VIII, Statutes at Large, p. 606 et seq.